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Law Outlines Oklahoma Bar Bundle Outlines

Civil Procedure Bar Exam Outline

Updated Civil Procedure Bar Exam Notes

Oklahoma Bar Bundle Outlines

Oklahoma Bar Bundle

Approximately 261 pages

I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Civil Procedure

SUBJECT MATTER JURISDICTION

  • State Courts

    • State courts have GENERAL smj and may hear all causes of action UNLESS there is express statutory authority denying them smj

    • District Court is the court of general smj in OK

      • So have authority to hear almost any type of case

    • OK District Courts have CONCURRENT (shared) smj w/ fed courts unless those are committed only to fed

      • BK, Patents, Fed Securities violations

  • Federal Courts

    • Federal Courts are courts of LIMITED smj and may ONLY HEAR & DECIDE CASES W/IN SCOPE OF THE COURT'S LIMITED SMJ

    • Diveristy of Citizenship

      • Complete Diversity between Plaintiff & All Defendants

      • No diversity jurisdiction is ANY plaintiff is citizen of same state as ANY defendant

      • Citizenship of Individudal

        • Domicile at Filing

          • Physical presence

          • Intent to make permanent home or home for foreseeable future

      • Citizenship of Businesses

        • Incorporated Businesses

          • Dual Citizenship (so must take account of both in deciding diversity)

            • Citizen of all states where incorporated

            • Citizen of state where have principal place of business

              • OK: Corporate Headquarters

        • Unincorp Entities (Partnership)

          • Citizenship of ALL members "count" for diversity purposes

  • Minor, decedent, incompetent citizenship counts not personal rep

  • Amount in Controversy

    • Must EXCEED $75K, exclusive of cost & interest

    • Legal Certainty test

      • Whatever P claims in good faith unless clear to legal certainty cant recover

        • Ie. Contract claim for punitive damages where give aic

          • Wont work cause no punitive damages allowed

  • Federal Question

    • Arising Under Federal Law

      • Complaint must show Right or Interest CREATED by or FOUNDED substantially on fed law.

        • If fed law just provides the standard of care or conduct, is not enough

    • Most fed questions not exclusive to fed court so can be brought in either court (concurrent smj)

  • Supplemental Jurisdiction

    • Allow fed court to exercise jurisdiction over claims that don't have independent fed smj basis so long as a proper jurisdictional anchor

    • Supp jurisdiction controls joinder of claims by parties OTHER THAN Plaintiff in diversity cases

      • Supp claim must arise from same T or O as underlying claim

  • Removal

    • Generally

      • ONLY ALLOWED BY DEFENDANTS

    • Proper Removal

      • Can only remove to federal district court where the case could have been filed there originally by plaintiff

        • Where SMJ proper

      • D MUST file Notice of Removal w/in 30 days of being served w/ service of process (summons & petition)

        • If no answer filed in state court suit, answer due 21 days after served w/ summons or 7 days after file notice of removal (longest wins)

    • Limits on Removal

      • Diversity

        • Even if complete diversity, no removal allowed if any defendant is a citizen of the forum state.

          • Unless have independent Fed Question basis

      • Even if diversity issue resolved by dismiss citizen defendant, no removal after 1 year from filing in state court

      • ALL DEFENDANTS MUST AGREE TO REMOVE

PERSONAL JURISDICTION

  • Exercise of Territorial Jurisdiction

    • Territorial jurisdiction involves the power of the court over a specific defendant or item of property. SMJ involves courts power over a type of case. In order to issue a proper and binding judgment, a court must have both territorial and subject matter jurisdiction.

  • OK expressly authorizes its courts to exercise jurisdiction on any ground consistent w/ Constitution

  • In Personam Jurisdiction

    • In personam jurisdiction exists when the forum has power over the person of a particular defendant and can be established in various manners:

    • Easy Cases

      • D is present in state when served w/ process

      • D is domiciled in state

      • D consents to jurisdiction

      • D waives an objection to jurisdiction

    • Activities (minimum contacts)

      • In State Activities & Specific Jurisdiction

        • Court has personal jurisdiction over a defendant whose in-state activities gave rise to the claim asserted by the Plaintiff

          • Driving in state

      • Out of State Activities & Specific Jurisdiction

        • Court has personal jurisdiction over defendant who knows or can anticipate her activities could give rise to a claim in the forum, it was foreseeable

        • Purposefully directing your activities to Ok and those activities then give rise to a claim

      • Unrelated Activites & General Jurisdiction

        • If conduct or business is continuous and systematic w/in the state then the court may exercise general jurisdiction in a case involving suit on claims that do not arise from the contacts.

        • Treat outsider as if an insiders cause of the amount of the activities generally going on in state

  • In Rem Jurisdiction

    • Allows a court to adjudicate the rights of all persons WITH RESPECT TO property located in the state.

VENUE

  • Federal Venue

    • Federal venue is determined on a district by district basis

    • Case may be filed in any federal district court within a state where:

      • Any defendant resides IF all defendants reside in the SAME state

      • Or

      • Where a substantial part of the transaction or occurrence giving rise to the claim took place

    • OK has 3 Federal Districts

      • Northern in Tulsa

      • Eastern in Muskogee

      • Western in OKC

  • Oklahoma Venue

    • Oklahoma provides that its venue statutes are cumulative and are determined on a county by county basis

    • General Rule: START HERE

      • A suit may be brought in any county in OK where

        • Any defendant resides or resided at the time the claim arose

        • Or

        • Where any defendant may be served w/ process

    • Special Venue: Type of Case

      • Automobile Accident:

        • Venue in automobile accident cases may also be brought in any county:

          • Where ANY defendant may be served

          • Or

          • Where the damages were sustained

      • Contract Cases:

        • Venue in cases brought on an open account, a contract for sale of goods or services, or...

Buy the full version of these notes or essay plans and more in our Oklahoma Bar Bundle Outlines.